Bill would rein in tow companies

Sunday

Dec 22, 2013 at 12:01 AMDec 22, 2013 at 11:20 AM

Stories of higher-than-allowed towing fees and other so-called predatory towing practices, particularly around the OSU campus and Short North areas, have prompted a pair of Franklin County lawmakers to introduce legislation aimed at giving vehicle owners more protections and conveniences.

Jim Siegel, The Columbus Dispatch

Sara Valentine parked at her off-campus apartment complex one evening last fall, only to find the car gone when she returned 30 minutes later.

Sharing the experience of many Ohio State University students (and one notable bow-tied former OSU president), the senior from Zanesville found that her car had been towed - a surprise to her, considering she had a parking pass in the vehicle. She learned later that the pass had fallen off the mirror.

"When I retrieved my car, I showed them that the pass was in the car. But it didn't matter," she said, adding that she had to pay about $150 to get the car, above the $102 maximum fee spelled out in state law.

"If you can prove that you are a resident there and you have your pass, it shouldn't be an issue," she said.

Stories of higher-than-allowed towing fees and other so-called predatory towing practices, particularly around the OSU campus and Short North areas, have prompted a pair of Franklin County lawmakers to introduce legislation aimed at giving vehicle owners more protections and conveniences.

"There are good guys out there. But there are some real bad players, and we've given them room within the law to be shady," said Rep. Heather Bishoff, D-Blacklick, whose father has run his own towing company for years.

Bishoff and Rep. Mike Duffey, R-Worthington, the joint sponsors of the bill, said they have heard of and experienced a number of issues related to private-property towing, in which merchants and apartment owners hire companies to patrol their lots and remove improperly parked vehicles.

The law says owners may be charged $90 for the tow and $12 per day for storage.

"Nobody pays $90," Duffey said. Many towing companies, including Shamrock and Camcar, the two main companies operating in the OSU campus area, also charge an administrative fee of $25 or more.

"This is not the free market. You're not choosing to purchase this service," Duffey said. "There is no nexus to accountability, to fair business practices, which is why it has to be regulated."

The attorney general's office has received 271 towing complaints over the past five years, a significant number for one industry, said spokesman Dan Tierney. Of those, 45 percent involved companies in Franklin County.

House Bill 382 would ensure that towing companies do not charge more than what is spelled out in Ohio law, require companies to accept credit cards and require that tow-truck drivers, if confronted by a vehicle owner while a tow is in progress, let the owner know he or she can pay half the fee and immediately get the car back.

"I've personally experienced a tow where I asked on the spot if I could pay," Duffey said, adding he was unaware at the time of the state's "drop and pay half" law. The operator refused.

Bob Lambert of the Towing and Recovery Association of Ohio knows there are horror stories out there - though he suspects some are embellished. "We think it gives the whole industry a black eye. We want the industry cleaned up and problems resolved. Yet, we expect to be paid fairly for what we do."

Complaints, he said, often center on the Ohio State and Ohio University campuses. Though no one likes to be towed, he said, signs are clearly posted.

"Kids are kids, and they're going to try to get away with stuff," Lambert said, adding that parking around Ohio State "has always been a nightmare."

Towing fees in state law have not been updated since 1999, he said, adding that companies are allowed to charge an administrative fee on top of the fees written in state law. The law doesn't appear to address it specifically.

Attorney Fred Gittes has filed a class-action lawsuit in Franklin County against Shamrock and Camcar, accusing them of charging more than state law allows.

"There is no decision I've seen, no attorney general opinion or anything that is a basis to believe they can charge more," Gittes said.

Previous attempts to pass similar towing bills have gone nowhere. The latest bill starts with bipartisan support - nine Republicans and six Democrats have signed on, including some of the House's most conservative and liberal members.

"They are charging more than they should but not enough so that you actually want to get a lawyer or take them to court," said Ryan Whitney of Chicago, a senior at Ohio State who saw his car towed in September. He said it was in a valid spot and had his sticker displayed. It cost him $165 to get it back, though his landlord reimbursed him.

"They told me it wasn't a valid spot. The landlord said it was," he said.

The bill also would require a towing operator to take a picture of the vehicle as proof that it is parked illegally.